Free State High Court Judge Mpina Mathebula faces trial over alleged theft of RAF funds

Free State High Court Judge Mpina Mathebula is standing trial on three criminal charges relating to the misappropriation of money meant for a road accident victim and her family.

Judge standing trial for theft

Mathebula is standing trial in the Kroonstad Specialised Commercial Crimes Court on charges of theft, money laundering and contempt of court. He is being prosecuted alongside his former law firm partner, who carried on their legal practice after Mathebula was permanently appointed as a judge in January 2017. Judge Mathebula denies that there is a case to be made against him.

Background facts

Mathebula is accused of stealing funds that were paid into his law firm’s trust account by the Road Accident Fund. The payment was on behalf of a minor child who was a victim of a road accident. Mathebula was the attorney instructed by the grandparent of the minor child to sue the RAF for injuries sustained by the child. The RAF settled with the grandparent.

As part of the settlement, which was made an order of court by Judge Fouché Jordaan on 20 August 2013, Mathebula was paid over R3 million (R3 142 039,70) into his law firm’s trust account. This amount is made up of R2,2 million awarded to the minor child, together with a further R500 000 and R442 089,70 in interim payments by the RAF. Mathebula was ordered to establish a trust on behalf of the minor child, deduct his law firm’s professional fees, pay expert witnesses, and appoint a trustee who would oversee that the trust provides the care needed by the minor child.

The NPA alleges that Mathebula never set up the trust, which violated Judge Jordaan’s court order of August 2013. Instead, between 1 August 2014 and 14 February 2017, Mathebula paid only R119 827,85 (or under 4% of the amount) to the minor child’s grandparent. The rest of the money, the NPA alleges, Mathebula transferred to multiple accounts, including some belonging to him and to his former candidate attorney. Specifically, Mathebula transferred R1 258 110,13 to an attorney a Mr Melato. This happened in mid-February, weeks after Mathebula was sworn in as a High Court judge.  Mathebula transferred the balance of R R1 258 110,13. into the trust account of Melato Attorneys when he closed down his practice. Judge Mathebula says that he had tried on a number of occasions to set up a trust directly for the client. Ultimately, the NPA alleges that Mathebula has failed to account for and adequately explain where the balance of R1 329 092,44 was paid. He has also not explained why he paid so much of the money to himself and his candidate attorney. The NPA has charged Mathebula with theft, money laundering and contempt of court.

Mathebula denies these charges, together with the NPA’s calculations of the amounts that were paid to him and those he disbursed. He also denies that the NPA was legally correct in instituting a prosecution against and says that the charges are based on inaccurate calculations of attorneys’ fees. Mathebula challenges the calculation of the NPA by simply multiplying the party and party bill of costs by two as representing the total of the attorney’s and own client fees and disbursements he was entitled to. Ultimately, he argues that such a prosecution violates his constitutional rights, including his right to dignity.

The judge’s legal tribulations

In February 2023, the NPA issued a summons for Mathebula to appear in the Kroonstad Specialised Commercial Crimes Court to answer to the charges against him. At the time, Judges Matter issued a statement demanding that Mathebula immediately step back from his duties as a judge while his criminal trial proceeds. We feared the reputational harm to the judiciary of a judge appearing as a criminal accused on one day, then presiding over other criminal trials the next day.

Read more: Free State judge should step down immediately

Between February and September 2023, Mathebula appeared five times as a criminal accused. In January 2024, he filed an application in the Free State High Court for a permanent stay (stop) of his prosecution. Due to judicial policy against judges of one High Court division presiding over their colleague’s case, a senior judge from the Western Cape High Court, Judge Nathan Erasmus, was brought in to hear the case.

The hearing took place on 10 April 2024 and, a week later, on 17 April 2024, Judge Erasmus dismissed Mathebula’s application. Judge Erasmus found that a stay of prosecution is an extraordinary intervention by a court, and that Mathebula had not set out the exceptional and compelling circumstances for such an intervention. Erasmus also dismissed Mathebula’s subsequent application for leave to appeal. In October 2024, the SCA granted Mathebula leave to appeal the Erasmus judgment.

At the time, there was no pending misconduct complaint against the judge.

As a matter of policy, Judges Matter does not file complaints against judges. This is for two reasons: (a) being party to complaints would preclude us from playing our fundamental role as a watchdog; and (b) being a complainant in judicial misconduct proceedings would be a considerable drain on our resources, limiting our effectiveness in other areas.

Nevertheless, on 28 February 2025, Judges Matter escalated the Mathebula matter to Chief Justice Mandisa Maya. We wrote a letter drawing attention to the extraordinary situation of a judge standing criminal trial and requested the Chief Justice’s intervention in placing the judge on special leave while the criminal trial unfolds.

On 6 March 2025, the Chief Justice replied with confirmation that she was investigating the circumstances of the complaint and would inform us of the outcome.

On 23 April 2025, the Chief Justice confirmed that Judge Mathebula was granted special leave by Minister of Justice Lamola on recommendation by the Judge President from 20 February 2023 until the conclusion of his criminal trial. Importantly, the Chief Justice confirmed that Mathebula was not presiding over any cases.

The hearing took place on 10 September 2025 before five judges of the SCA. On 12 December 2025, the SCA dismissed Mathebula’s appeal, confirming Erasmus’s earlier judgment that there were no exceptional circumstances proven by Mathebula, nor did he prove any prejudice that would be caused by the criminal trial against him. This judgment clears the way for Mathebula’s criminal trial to proceed before the Kroonstad SCCC.

Judicial Service Commission takes action

Media reports indicate that on 5 December 2025, the Judicial Service Commission took a decision that Judge President Musi must now file a complaint of misconduct against Mathebula, so that the processes of the JSC can begin. We have not yet received confirmation of this.

However, if a complaint is filed, it is likely to be classified as ‘category C misconduct’ (gross misconduct) in terms of section 16 of the JSC Act.

Even though the events on which the criminal charges are based occurred prior to Mathebula’s appointment as a judge, the application form he submitted to the JSC required him to disclose ‘any other relevant matter’ that would cause embarrassment to him in holding the office of judge. Mathebula did not make such a disclosure. Indeed, Mathebula was still transferring the funds from his trust account into Mr Meloto’s trust account after he was appointed a judge in 2017. This will no doubt weigh heavily in the minds of the JSC.

Judges Matter will monitor this case closely.

A timeline of events

• 17 February 2023 – Mathebula is served with a summons to appear before the Kroonstad Specialised Commercial Crimes Court on 9 March 2023.
• 21 February 2023 – Mathebula submits written representations to the Director of Public Prosecutions, Free State, requesting that charges against him be withdrawn.
• 3 March 2023 – The DPP rejects Mathebula’s request and refers this to the National Director of Public Prosecutions for consideration.
• 9 March 2023 – Mathebula appears in court for the first time. Case postponed to June 2023 to allow for consideration of the DPP’s decision not to withdraw charges.
• 13 June 2023 – Mathebula appears in court for the second time. Case postponed to July 2023.
• 13 July 2023 – The National Director of Public Prosecutions confirms the DPP’s decision not to withdraw the charges and sends a letter to Mathebula’s attorneys confirming this.
• 14 July 2023 – Mathebula appears in court for the third time. Case postponed to August 2023 for disclosure of further documents in the criminal case.
• 22 August 2023 – Mathebula appears in court for the fourth time. Case postponed to September 2023.
• 21 September 2023 – Mathebula appears in court for the fifth time. Case postponed for further disclosures.
• 25 January 2024 – Mathebula files an application for a permanent stay (stop) of the criminal prosecution against him.
• 12 and 17 April 2024 – Judge Nathan Erasmus hears Mathebula’s application for a permanent stay of prosecution and dismisses it on the basis that there are no exceptional or compelling circumstances.
• 13 August 2024 – Judge Erasmus hears the application for leave to appeal and dismisses it.
• October 2024 – Mathebula is granted leave to appeal by the SCA.
• February 2025 – Judges Matter writes to the Chief Justice regarding Mathebula’s special leave.
• April 2025 – Following an investigation, Chief Justice Maya confirms that Mathebula was placed on special leave by Judge President Musi.
• September 2025 – The SCA hears Mathebula’s appeal.
• 5 December 2025 – The JSC resolves to instruct Judge President Musi to file a misconduct complaint against Mathebula.
• 12 December 2025 – The SCA dismisses Mathebula’s appeal. Barring an appeal to the Constitutional Court, the criminal trial must now proceed.

Further reading

• News24 | Suspended judge claims charges stem from NPA legal costs error
• Judges Matter YouTube | Judge Mpina Mathebula interview (October 2016)
• Daily Maverick | Call for Free State High Court judge facing charges of theft and money laundering to step down (19 February 2023)
• eNCA | Free State judge in court over RAF fund theft (13 April 2024)
• Free State High Court | Judgment: Mathebula v State and Another (17 April 2024)
• Judges Matter letter to Chief Justice Maya (6 March 2025)
• Chief Justice Maya letter to Judges Matter (23 April 2025)
• Supreme Court of Appeal | Judgment: Mathebula v State and Another (12 December 2025)
• Daily News | Judge in legal battle to stop prosecution for theft of over R2 million while still an attorney (6 January 2026)
• News24 | Judge accused of theft spends two years on special leave, with no complaint lodged (14 February 2026)
• Central News | Free State judge on special leave for two years amid criminal charges (15 February 2026)